Indiana § 8-23-24-3 - Supply, supervision, and management of trees

§ 8-23-24-3. Supply, supervision, and management of trees

Sec. 3. The division of forestry of the department of natural resources shall supply the trees for use under this chapter, supervise the planting, and manage the trees with the same responsibility and authority as trees in a state forest.

As added by P.L.90-1991, SEC.1.

IC 8-23-24.5Chapter 24.5. Planting Grasses and Other Plants for Energy Production

8-23-24.5-1Purpose 8-23-24.5-2"Highway rights-of-way" 8-23-24.5-3"Vegetation" 8-23-24.5-4Authorization for vegetation leases 8-23-24.5-5Required lease provisions 8-23-24.5-6Allowable lease provisions 8-23-24.5-7Awarding of leases 8-23-24.5-8Priority use

IC 8-23-24.5-1Purpose Sec. 1. The intent of this chapter is to encourage the use of highway rights-of-way owned by the state to promote the growth and harvesting of vegetation to be used as fuels and other energy products.

As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-2"Highway rights-of-way" Sec. 2. As used in this chapter, "highway rights-of-way" refer to highway rights-of-way for which responsibility is assigned to the department.

As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-3"Vegetation" Sec. 3. As used in this chapter, "vegetation" refers to grasses or other plants that are suitable for processing into fuels or other energy products. The term does not include grasses or other plants that may be used to feed livestock.

As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-4Authorization for vegetation leases Sec. 4. To the extent permitted by federal law and when consistent with public safety, the department may enter into leases with appropriate persons for the persons to plant, maintain, and harvest vegetation on the highway rights-of-way for use in production of energy.

As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-5Required lease provisions Sec. 5. A lease under this chapter must provide for the following:

(1) The lessee is responsible for planting, maintaining, and harvesting the vegetation at the lessee's cost.

(2) The lessee becomes the owner of the vegetation when harvested.

(3) The harvested vegetation must be used for the production of fuels or other energy products.

(4) The lease must include limitations on the height of any vegetation that is grown.

As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-6Allowable lease provisions Sec. 6. A lease under this chapter may provide for the following:

(1) Any term of the lease that the department considers best to implement the intent of this chapter, but not for more than four (4) years.

(2) For the lease of parcels of sizes that the department considers the best to implement the intent of this chapter.

(3) Any other provisions that the department considers useful to implement the intent of this chapter.

As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-7Awarding of leases Sec. 7. The department shall award a lease under this chapter to the responsive and responsible bidder who submits the highest bid for the particular lease.

As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-8Priority use Sec. 8. To the extent permitted by federal law, the department shall make the use of highway rights-of-way as provided in this chapter a priority over all other uses.

As added by P.L.182-2009(ss), SEC.281.

IC 8-23-25Chapter 25. High Speed Rail Development Fund

8-23-25-1Purpose 8-23-25-2Administration 8-23-25-3Investment of funds 8-23-25-4Disbursements 8-23-25-5Reversion of funds